NEWARK,
NJ -- The American Civil Liberties Union of New Jersey today renewed a public
records request to nine New Jersey towns for information about individuals and
organizations designated as “potential threat elements” (PTEs), including the
criteria used by the towns to make such determinations.

“We all want the police to protect us from real criminals and terrorists,”
said Deborah Jacobs, ACLU of New Jersey Executive Director. “But the public
should be able to find out whether resources and funds designated to fight
terrorism are being misused to target innocent Americans who have done nothing
more than criticize the government or practice their religion.”

The designation of individuals or organizations as PTEs was included in the
application for Department of Homeland Security grant money. In order to obtain
certain Homeland Security grants, towns that applied were asked to identify up
to 15 individuals or organizations in their communities as PTEs. While some
states - including Washington and Minnesota - publicly disclosed the names of
PTEs or criteria used to identify them, such basic information has never been
disclosed in New Jersey.

“Sadly, we know that the federal government has recently spied on or targeted
organizations, such as the Quakers and pro-peace groups, not because they pose a
threat, but rather due to their political beliefs,” said ACLU of New Jersey
Legal Director Ed Barocas. “We want to make sure that our own New Jersey
government officials are not doing likewise.”

The ACLU of New Jersey’s first request for this information came in April
2004. The ACLU of New Jersey sent open public records requests to the 50 largest
New Jersey municipalities to obtain documents disclosing the identification of
and criteria for designating PTEs. While most municipalities had no such
documents, some responded by refusing to disclose their records, claiming they
were exempt from disclosure under New Jersey’s Open Public Records Act (OPRA),
or that they had been instructed by the State Attorney General’s office not to
disclose the information. On October 4, 2004, the ACLU of New Jersey filed an
OPRA request directly with the Office of the Attorney General. On October 19,
2004, the Office of the Attorney General responded, claiming that such records
were exempt as “security measures or surveillance techniques” and that their
disclosure would interfere with the ability to protect the state against acts of
sabotage or terrorism.

The ACLU of New Jersey filed a lawsuit against the Attorney General to obtain
the records in December 2004. Almost a year later, the Office of the Attorney
General confirmed that it had no records pertaining to PTEs and that it did not
advise the municipalities to withhold the information the ACLU of New Jersey
requested. The case was therefore voluntarily dismissed by the ACLU of New
Jersey. The case was Deborah Jacobs v. Peter Harvey, et al.

The ACLU of New Jersey therefore renewed its request for information related
to the PTEs to the towns that previously responded that they believed such
information was exempt from disclosure or that claimed the Office of the
Attorney General directed them not to disclose such information. Those towns
are: Edison, Linden, Middletown, Mount Laurel, Newark, Parsippany-Troy Hills,
Trenton, Wayne and West New York.